Karnataka HC orders Govt to stop all construction activities at Mysuru’s Chamundeshwari Temple

Senior advocate Sai Deepak, who appeared for the petitioner, had pointed to the ongoing construction activities and said, “The activities undertaken in the temple cannot be considered temporary; if permitted, they would endanger the temple structure itself.”

The government advocate had earlier informed the court that constructing a multipurpose area adjacent to the shrine was part of the overall development envisaged under the project.

‘Blatant disregard of undertaking’

The court noted its previous interim orders, passed on October 15, 2024, and February 17, 2026, where the Government had undertaken that no permanent structure would be built without the court’s permission pending the case hearing.

Justice Magadum underscored that despite unequivocal and binding directions, the material on record (photographs) disclosed that construction activity had continued at the disputed site. “Such action is not only in the teeth of the interim orders but also in blatant disregard of the solemn undertaking recorded by this Court,” he said.

“Judicial orders cannot be reduced to empty formalities, nor can undertakings given to the Court be permitted to be breached with impunity,” he added.

The bench in its order said, “The construction activities undertaken by the respondent–Deputy Commissioner are of considerable magnitude and cannot, by any stretch, be construed as minor or temporary in nature. While this Court does not lose sight of the submission on behalf of the State that the object of the project is to utilise the funds for the benefit of devotees and to augment infrastructure around the temple, such intention, however laudable, cannot override or dilute binding judicial directions.”

The court added, “Orders passed by constitutional courts are not advisory in nature but are binding mandates that carry with them an obligation of strict compliance by all instrumentalities of the State. The executive cannot arrogate to itself the discretion to disregard or dilute judicial orders on the pretext of administrative exigencies or subsequent financial allocations. Such a stand strikes at the very foundation of the rule of law and the doctrine of separation of powers, and, if permitted, would render the authority of this Court nugatory.”

The court made it clear that any violation or breach of the interim order would be viewed with utmost seriousness, constituting aggravated contempt that warrants initiating appropriate legal proceedings against the Mysuru deputy commissioner.

The petitioner had challenged the Shree Chamundeshwari Kshetra Development Authority Act, which became effective from July 1, 2024, and was enacted to develop and maintain the Shree Chamundeshwari Temple on Chamundeshwari hills in Mysuru taluk.

The petition requested the court to declare the Act illegal under numerous provisions of the Constitution, including several fundamental rights, while arguing that the state government lacked the legislative competence to pass such a law. It also stated that the Act would be illegal and arbitrary as it would divest the petitioner of her rights.